Maquiling v. Commission on Elections
MODIFICATIONFacts
1. The Antecedents: Rommel Arnado, a natural-born Filipino citizen, had previously naturalized as a citizen of the United States. He applied for repatriation under Republic Act No. 9225, taking an Oath of Allegiance to the Philippines and subsequently executing an Affidavit of Renunciation of his U.S. citizenship. Despite these actions, Arnado continued to use his U.S. passport for international travel. This led to a petition to disqualify him from running for Mayor of Kauswagan, Lanao del Norte, based on allegations of being a foreigner and lacking residency. 2. Procedural History: The Commission on Elections (COMELEC) First Division initially granted the petition to disqualify Arnado, annulling his proclamation as mayor. Arnado moved for reconsideration before the COMELEC En Banc. Casan Macode Maquiling, the second-placer in the election, intervened, arguing that he should be proclaimed mayor instead of the order of succession. The COMELEC En Banc reversed the First Division's ruling, finding Arnado qualified, which led to the present petition before the Supreme Court. 3. The Petition: Petitioner Casan Macode Maquiling filed a Petition for Certiorari with the Supreme Court, assailing the COMELEC En Banc's resolution. Maquiling argued that the COMELEC En Banc gravely abused its discretion in ruling that Arnado remained a Filipino citizen qualified to run for public office, despite his continued use of a U.S. passport. Maquiling sought to have himself proclaimed as the duly elected Mayor, contending that Arnado's disqualification rendered his candidacy void and that the popular vote should not cure ineligibility.
Issue(s)
Whether intervention by a rival candidate is allowed in a disqualification case. Whether the use of a foreign passport after renouncing foreign citizenship affects one's qualifications to run for public office. Whether the rule on succession in the Local Government Code is applicable to this case.
Ruling
The Supreme Court GRANTED the petition, ANNULLED and SET ASIDE the Resolution of the COMELEC En Banc dated February 2, 2011. Respondent Rommel Arnado y Cagoco was disqualified from running for any local elective position. Petitioner Casan Macode Maquiling was DECLARED the duly elected Mayor of Kauswagan, Lanao del Norte in the May 10, 2010 elections. The Decision was immediately executory.
Ratio Decidendi
On the propriety of intervention: The Court affirmed that petitioner Casan Macode Maquiling, as the candidate who garnered the second highest number of votes, had the right to intervene in the disqualification case. This right is supported by Section 6 of R.A. No. 6646, which allows intervention in disqualification proceedings even after an election if no final judgment has been rendered. The intervention by Maquiling prevented the case from attaining finality until the Supreme Court ruled on the issues raised. On the effect of using a foreign passport after renouncing foreign citizenship: The Court ruled that while the use of a U.S. passport did not divest Arnado of his Filipino citizenship regained by repatriation, it constituted a positive and voluntary act of representation as an American citizen. This act effectively recanted his Oath of Renunciation, reverting him to a dual citizen status at the time he filed his Certificate of Candidacy. Consequently, he was disqualified from running for a local elective position under Section 40(d) of the Local Government Code, as qualifications for public office are continuing requirements. The Court found Arnado's explanation for using the U.S. passport unconvincing, noting that his subsequent use of a Philippine passport did not correct the earlier violation of his Oath of Renunciation. On the applicability of the rule on succession: The Court held that since Arnado was disqualified from running for public office, his Certificate of Candidacy was rendered void from the beginning. Therefore, the votes cast in his favor were considered stray and not counted. This made Maquiling, as the qualified candidate who obtained the highest number of votes among the eligible candidates, the rightful winner. Consequently, the rule on succession under the Local Government Code was not applicable.
Main Doctrine
The use of a foreign passport after renouncing foreign citizenship is a positive and voluntary act of representation as to one's nationality and citizenship; it does not divest Filipino citizenship regained by repatriation but it recants the Oath of Renunciation required to qualify one to run for an elective position, thus disqualifying the individual from running for a local elective position.